This morning, Israel launched a major military operation against Iran targeting its nuclear programme, including facilities, individual scientists and military leadership. In this post, I will provide a quick, preliminary analysis of the legality of Israel’s use of force against Iran as a matter of the jus ad bellum. As I will explain, Israel’s use of force against Iran is, on the facts as we know them, almost certainly illegal. The only justification that Israel can provide for its use of force is self-defence under Article 51 of the Charter – using force to repel an armed attack, subject to the criteria of necessity and proportionality. The first point to clarify here is that the nature and stated goals of Israel’s use of force – damaging Iran’s nuclear programme and preventing it from developing a nuclear weapon that could be used against Israel – are explicitly about deflecting a future armed attack by Iran against Israel, i.e. an attack that is yet to occur. In other words, this is not a…
International Humanitarian Law
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The Universal Obligation to Arrest Netanyahu and Gallant: Ending State Officials’ Immunity Saga with respect to grave breaches of IHL
Israeli Prime Minister Benjamin Netanyahu made two trips in April without being arrested: one to Hungary and the other to the United States (US). While commentators criticized Hungary for failing to arrest Netanyahu, arguing that as a state party to the International Criminal Court (ICC), it had a duty to do so (the ICC initiated non-compliance proceedings),…
Is ‘prolonged occupation’ still ‘military occupation’ governed by IHL?
Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually placed under the authority of the hostile army.’ In such circumstances, the relevant provisions governing military occupation become applicable, as codified in the HR (Articles 42-56), the Fourth Geneva Convention…
Harnessing Military Investigations as a Tool for Civilian Protection in an ‘Era of Rearmament’
Civilians today face unprecedented risks in armed conflict, with compliance with the laws of war in crisis. UN figures show civilian deaths rising since 2019 and skyrocketing in 2023, with the number of women and children killed doubling and tripling from the previous year. As Cordula Droege has argued, international humanitarian law (IHL) is ‘under immense…
Regulating Private Military and Security Companies: What’s in it for States?
Private military and security companies (PMSCs) are expanding like wildfire across the world, diversifying clients and operations. They offer services ranging from protection and training to direct participation in hostilities, arms dealing, and humanitarian evacuations. Their impact on human rights—particularly on civilians, women, children, and migrants—as well as on the environment, has been…
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